SB 713
Modifies provisions relating to the operation of motor vehicles while using electronic devices
Sponsor:
LR Number:
3343S.02C
Last Action:
5/11/2022 - Informal Calendar S Bills for Perfection
Journal Page:
Title:
SCS SB 713
Calendar Position:
Effective Date:
August 28, 2022

Current Bill Summary

SCS/SB 713 - This act modifies provisions relating to the operation of motor vehicles while using electronic wireless communication devices (EWCDs), as defined in the act.

Under the act, no person shall operate a noncommercial motor vehicle on a public road in this state while using an EWCD, except that a person may operate a noncommercial motor vehicle while using a hands-free EWCD, as defined in the act, provided the operator is not holding the hands-free EWCD in his or her hand or hands, and provided the operator does not divert his or her attention from the operation of the motor vehicle.

The act limits the prohibitions against operating a commercial motor vehicle while using an EWCD to operation on public roads. The act also modifies the prohibition against operating a commercial motor vehicle while using an EWCD to read, write, or send a text message or electronic message in that it creates an exception for when the message is read, written, or sent by touching a single button and the driver remains seated and is restrained by a seat belt as required by law.

The act replaces existing exceptions to the prohibition against operating a motor vehicle while using an EWCD with general exceptions for the purposes of contacting emergency services or relaying information between for-hire motor vehicle operators and their dispatchers, removes the requirement that the device used by for-hire operators be permanently affixed to the vehicle, and repeals an exception for the use of two-way radio transmitters or receivers by a licensee of the Federal Communications Commission in the Amateur Radio Service.

The act specifies penalties for violations of the prohibition against operating motor vehicles while operating EWCDs, including an enhanced penalty for violations occurring in a work zone or school zone. Under the act, a violation shall not be deemed a moving violation, but shall be deemed a "serious traffic violation" for purposes of commercial driver's license disqualification.

Lastly, the act specifies that no person under the age of 18, and no person with an instruction permit or intermediate license regardless of age, shall use an EWCD while operating a motor vehicle, except to contact emergency services.

This act is similar to HB 853 (2021), HB 1076 (2021), HB 110 (2020), HB 241 (2021), HB 258 (2021), HB 798 (2021), contains provisions similar to HB 73 (2021) and HB 103 (2021), and is similar to SB 532 (2020), HB 1474 (2020), HB 1531 (2020), HB 1879 (2020), HB 1265 (2020), HB 1290 (2020), HB 1633 (2020), HB 1674 (2020), SB 15 (2019), SB 749 (2018), SB 165 (2017), SB 253 (2017), HB 284 (2017), HB 312 (2017), HB 378 (2017), SB 510 (2017), and HB 546 (2017).

ERIC VANDER WEERD

Amendments

No Amendments Found.